Contested Wills in Vallejo, California

Find the right Contested Wills attorney in Vallejo, CA

In Vallejo, California, there is a process through which a person can challenge the validity of a will. This is identified as a "contested will" or "will contest."

There are numerous reasons why a person might want to contest a will made by a close family member. Sometimes, people will decide to leave money or property to charity, or to other entities who are not closely related. If their family members weren't expecting this, they might assume that something went wrong with the drafting of the will.

If a lot of money, or some specifically valuable property, is at stake, the person who was left out might want to go to court and allege that the will was invalid. When left out of a will, a family member might naturally assume that some kind of mistake has been made, whether this is directly true or not.

You should remember that a will contest frequently results in adversarial legal proceedings, which can be very combative. Considering the likelihood that other members of your family might be on the other side, it's clear that this can really damage a person's relationship with his or her family.

When Can a Will be Contested in Vallejo, California?

There are numerous reasons that a Vallejo, California court might hold a will to be invalid.

To be valid, a will must be a product of the testator's own free will. So, a will that the testator was forced or tricked into making is not valid, if the probate court finds out about the duress or trickery. Of course, wills are normally made many years before a person dies, so how can a person expect to prove duress or fraud if they suspect it? To begin with, it's not easy. It is possible, however. First of all, it's good to have as much documentation of the testator's affairs as possible. Any written statements concerning their desires on this matter will also be very useful, if there are any. Additionally, if the suspect gift is totally out of left field (property is left to someone that you know the testator didn't like, or barely knew, for instance), this might also support your position that the will was invalid. Of course, the testator can leave his or her money to whomever they want, so these facts, by themselves, will not be enough to prove fraud or duress.

Another thing to consider is the mental capacity of the person making the will. If, at the time the will was made, the testator was insane or heavily intoxicated, the will is likely to be held invalid by a court, if the underlying facts can be shown.

So, you've succeeded in contesting the validity of a Vallejo, California will. What happens to the property that was going to be distributed according to its terms? Usually, when a will is declared void, the decedent's assets will be treated as if he or she had died without a will. This is known as "intestacy." Typically, this simply means that the assets will be passed on to their owner's closest living relative, normally a spouse, children, siblings, or parents. If absolutely no relatives can be found, the property is passed to the state. If there is a previous will, which was revoked by the invalid will, a court might revive the old will. If the new will was found to be completely invalid (rather than just parts of it), it follows, then, that the revocation of the old will is invalid as well. Consequently, the old will can be given effect.

Can a Vallejo, California Contested Will Attorney Help?

Contesting a will can be a convoluted, emotional, expensive, and time-consuming process. There is really no way around this. However, a reliable Vallejo, California wills and estates attorney can minimize these problems, and make the process as painless as possible.

Talk to a Wills, Trusts & Estates Law Attorney now!

Life in Vallejo

Any young child will know Vallejo because it is home to the Six Flags Discovery Kingdom theme park, formerly Marine World.

Vallejo is located in Solano County, California, with a population of about 115,942 people. It is located in the San Francisco Bay Area.

Besides Six Flags, other popular attractions include the Mare Island Naval Shipyard, the California Maritime Academy, Touro University and the Ferry services.

Unfortunately in 2008 Vallejo was the largest Californian city to file for bankruptcy. Common employers in Vallejo include Kaiser Permanente, Six Flags Discovery Kingdom, Sutter Health, Touro University, the school districts and Petrochem.

Many law firms are located in the San Francisco Bay Area. The Bay Area also is home to many law schools, including top-tier ones. Many attorneys also move to the Bay Area due to the vast number of firms in the area. The Bay Area has many large multinational law firms, as well as small to mid-size firms, as well as the offices of many solo practitioners. Therefore, the legal service industry is very active and competitive. Vallejo residents will never have an issue finding help for any of their legal inquiries.

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